Hamilton County Commission Commission Meeting — 2013-09-03

14 agenda items, 3 approved, 0 rejected.

September 3, 2013

MEETING SUMMARY

Approved

Rejected

Tabled

Total Items

Attendance roll pending

AGENDA & VOTES

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ITEM 1·GENERAL

Loretta Bryant, Nominating Committee Nominations

TABLED

ITEM 2·GENERAL

Carolyn Bowers, County Mayor Nominations and Appointments

Carolyn Bowers, County Mayor Nominations and Appointments REPORTS FILED

TABLED

ITEM 3·PUBLIC SAFETY

Determination of a dangerous dog

Determination of a dangerous dog (a) After an investigation, which must be initiated within three (3) days after the situation becomes known to the Animal Control Authority, the Animal Control Director is authorized to make a determination whether a dog is dangerous based on the factors listed in § 1(a) and shall notify the owner of the dog in writing by certified mail or hand delivery with signature of that status within five (5) days after completing the investigation. (b) Following notice to the owner, the owner may appeal the determination to a committee comprised of members of the Montgomery County Animal Control Committee appointed by the mayor by giving written notice of appeal within five (5) days to the Animal Control Director. If there is probable cause to believe the dog to be a dangerous dog and that the animal poses an imminent threat to public safety, the Animal Control Director may obtain a search warrant pursuant to this jurisdiction's Rules of Civil/Criminal Procedure and impound the dog pending disposition of the case or until the dog owner has fulfilled the requirements of § 6. The owner of the dog shall be liable to this jurisdiction for the costs and expenses of keeping the dog if the dog is determined to be a dangerous dog. The dog will be considered dangerous pending the appeal. If the Montgomery County Animal Control Committee overturns the designation of a dangerous dog, the owner will be refunded the difference in cost between the $100.00 Dangerous D…

ITEM 4·GENERAL

Exceptions

Exceptions No dog shall be declared a dangerous or potentially dangerous dog if: (a) The dog was used by a law enforcement official for legitimate law enforcement purposes; (b) The threat, injury, or damage was sustained by a person: 9 (1) Who was committing, at the time, a willful trespass or other tort upon the premises lawfully occupied by the owner of the dog; (2) Who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or (3) Who was committing or attempting to commit a crime; or (c) The dog was: (1) Responding to pain or injury, or was protecting itself, its offspring; or (2) Protecting or defending a human being within the immediate vicinity of the dog from an attack or assault.

TABLED

ITEM 5·GENERAL

Consequences of a dangerous or potentially dangerous dog determination

Consequences of a dangerous or potentially dangerous dog determination (a) If the Animal Control Director determines that a dog is a potentially dangerous dog under § 2, the owner shall comply with the provisions of § 5 and 6(a) (d) and any other special security or care requirements the Animal Control Director may establish. (b) If the Animal Control Director determines that a dog is a dangerous dog under § 3, the owner shall comply with the provisions of § 5 and 6(b) (c) and any other special security or care requirements the Animal Control Director may establish. (c) The Animal Control Director may require impoundment of the dog until the owner of the dog has satisfied all the requirements of section 1(c). The requirements must be met within thirty (30) days. If, after thirty (30) days, the owner has not satisfied all the requirements of the holding permit, the animal may be humanely euthanized on the thirty-first (31) day.

TABLED

ITEM 6·GENERAL

Dangerous dog and potentially dangerous dog confinement and handling requirements

Dangerous dog and potentially dangerous dog confinement and handling requirements (a) The Animal Control Director shall determine if the owner of a potentially dangerous dog has established to the satisfaction of the Animal Control Authority that: (1) The owner of the potentially dangerous dog is 18 years of age or older; (2) The potentially dangerous dog has a current rabies vaccination; (3) The owner has a proper enclosure to prevent the entry of any person or animal and the escape of said potentially dangerous dog as described in § 1; (4) The potentially dangerous dog has been spayed or neutered; (5) The potentially dangerous dog has been implanted with a microchip containing owner identification information. The microchip information must be registered with the animal control authority of the jurisdiction; and (b) The Animal Control Director shall determine if the owner of a dangerous dog has established to the satisfaction of the Animal Control Authority that: (1) The owner of the dangerous dog has written permission of the property owner or homeowner's association where the dangerous dog will be kept if applicable; (2) The owner will maintain the dangerous dog exclusively on the owner's property except for medical treatment or examination; and 10 (3) The owner of the dangerous dog has posted on the premises a clearly visible written warning sign that there is a dangerous dog on the property with a conspicuous warning symbol that informs children of the presence of a dan…

TABLED

ITEM 7·BUDGET

Dangerous or potentially dangerous dog owner responsibility

Dangerous or potentially dangerous dog owner responsibility It shall be unlawful to: (a) Permit a potentially dangerous dog to be outside a proper enclosure unless the potentially dangerous dog is under the control of a responsible person as defined in § 1, muzzled, and restrained by a lead not exceeding four (4) feet in length; The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any human being or animal; (b) Fail to maintain a dangerous dog exclusively on the owner's property as required except for medical treatment or examination. When removed from the owner's property for medical treatment of examination, the dangerous dog shall be caged or under the control of a responsible person as defined in § 1, muzzled and restrained with a lead not exceeding four (4) feet in length. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any human being or animal; (c) Fail to notify the Animal Control Authority immediately upon escape if a dangerous or potentially dangerous dog is on the loose, is unconfined, has attacked another domestic animal, has attacked a human being; within five (5) business days if the dog has died; and within twenty-four (24) hours if the dog has been sold or has been given away. If the dangerous or potentially dangerous dog has been sold or given away, the owner …

vote

APPROVED

DOCUMENTS

september_3_2013

Agenda

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